The expression "ex parte orders" in Section 30 (2) (d) of the Act and the expression "an order is passed ex parte against a tenant or a landlord" in Cl. 3 of Rules 11 and 8 referred to orders passed by the Controller or the appellate authority for default of appearance of the petitioner or the appellant as well as respondent.

CHANDRASEKHARA SASTRY, J. :- in this batch of civil revision petitions, two questions arise for determination :

(1) Whether the appellate authority under the Andhra Pradesh Buildings (Lease, Rent and Eviction Control) Act, 1960 (hereinafter called the Act) can dismiss an appeal for default of appearance of the appellant? and

(2) Whether the appellate authority has power to restore such an appeal dismissed for default of appearance of the appellant on an application made by the appellant?

For deciding those two questions, it is necessary to refer to the relevant sections of the Act and the rules framed thereunder. Appeals against the orders passed by the Controller are provided by Section 20 of the Act, which reads :

"20 (1) Any person aggrieved by an order passed by the Controller may, within thirty days, from the date of such order, prefer an appeal in writing to the Chief Judge. Small Causes Court in the cities of Hyderabad and Secunderabad and elsewhere to the Subordinate Judge or if there are more than one Subordinate Judge, to the Principal Subordinate Judge having original jurisdiction over the area aforesaid. In computing the said period of thirty days, the time taken to obtain a certified copy of the order appealed against shall be excluded.

2. On such appeal being preferred, the appellate authority may order stay of further proceedings in the matter pending decision on the appeal.

3. The appellate authority shall send for the records of the case from the Controller and after giving the parties an opportunity of being heard

and, if necessary, after making such further inquiry as he thinks fit either personally or through the Controller, shall decide the appeal.

Explanation - The appellate authority may, while confirming the order of eviction passed by the Controller grant an extension of time to the tenant for putting the landlord in possession of the building.

4. The decision of the appellate authority and subject to such decision, an order of the Controller shall be final and shall not be liable to be called in question in any Court of law, except as provided in Section 22."

Power to make rules is conferred on the Government by Section 30, which reads :

"30 (1) The Government may by notification in the Andhra Pradesh Gazette, make rules to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for -

X X X X

X X X X

(b) the procedure to be followed by controllers and appellate authorities in the performance of their functions under this Act :

X X X X

(d) Setting aside ex parte orders passed under this Act;

2-3. In exercise of the powers conferred by Section 30. The Governor of Andhra Pradesh made rules. Rule 11, Cl. (1) prescribed the procedure to be followed by the appellate authority in disposing of an appeal preferred to it against an order passed by the Controller and it reads as follows :

"When an appeal under the Act is preferred the appellate authority shall fix a day for hearing the appeal and send notice thereof to the appellant or appellants and the respondent or respondents mentioned in the appeal and shall also send a copy of the appeal along with the notice to the respondent or respondents."

Clauses 2 and 3 of the said rule are as follows :

"(2) If the appellate authority decides to make further inquiry, he may take additional evidence or require such evidence to be taken by the Controller.

(3) In any case in which an order is passed ex parte against a tenant or a landlord, he may, within fifteen days from the date of receipt of the order, apply to the appellate authority by whom the order was passed for an order to set it aside, and if he satisfies the appellate authority that the summons was not duly served or that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing, the appellate authority shall make an order setting aside th